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Will disability allow me to discharge student loans?

In some cases, an individual who is granted Social Security disability benefits can discharge his student loans. While this law aims to aid those who become burdened by a disability, the student loans in question are not dischargeable in every circumstance.

In some instances, a disabled individual’s private or state sanctioned loans may not be able to be discharged. This makes it vital for a person to be informed of the options in his specific situation. Consulting with an experienced bankruptcy lawyer in West Palm Beach is the recommended course of action for anyone in this situation.

In certain cases, the federal government may grant what is called a “total and permanent disability” or TPD discharge. TPD is only granted to individuals who have been diagnosed with a disability that is expected to keep them out of work for a minimum of 5 years. The TPD discharge also pertains to those whose disabilities are expected to result in death, and to veterans with 100 percent service-connected injuries. If a person qualifies, his student loans will be permanently erased. The TPD discharge applies to the following:

  • Federal Direct Loan Program
  • Perkins Loans
  • Federal Family Education Loan (FFEL) Program
  • Teacher Education Assistance for College and Higher Education (TEACH)

It is also important to keep in mind that TPD discharge requirements are more rigorous than those of the Social Security program. If you or a loved one has been diagnosed with a disability, becoming aware of all financial options moving forward is imperative, and Kelley & Fulton can certainly help. Our reputable group of bankruptcy lawyers are well-versed in student loan discharge law, and are ready to assist you with your individual situation. We invite you to schedule an initial consultation with an experienced bankruptcy lawyer in West Palm Beach. Let us get acquainted with you today.